Potter wants Smith's list of constable plans

Potter County officials sent a letter Tuesday to Precinct 4 Constable Leon "Bubba" Smith's attorney, asking a laundry list of questions about Smith's plans as county constable.

This week, county commissioners asked Smith and attorney Chuck Hester to provide a detailed list of Smith's proposed duties. Smith was elected to the constable's post in November and recently submitted a $38,000 budget request.

They also contend that Smith said during his campaign bid he would not seek a salary, a charge Smith has denied.

In the county's letter, Assistant County Attorney Scott Brumley said the county has not paid its constables a regular salary.

"No officer has drawn a significant salary or actively executed the duties of constable in Precinct 4 within memory," the letter states.

The letter also questions a statement Hester made Monday that Smith has assumed duties as a constable and says Smith is not yet state certified to be a peace officer.

"Consequently, we trust that Mr. Smith has not been holding himself out as a peace officer," the letter states.

The county contends Smith has not yet performed any official duties.

"Neither have we received any indication that Mr. Smith has executed a single item of process. In sum, Mr. Smith's performance as constable thus far provides a poor basis from which to discern what his reasonable salary should be," the letter states.

Hester, Smith's attorney, told commissioners Monday that Texas law requires commissioners to set a reasonable salary for Smith to perform duties under state law and the Texas Constitution.

He also said Smith can, by law, patrol the county and provide security for the justice of the peace courts.

"The constitution and the statute lays out the duties," Hester said.

Hester said the sheriff's office and constable perform duties complementing each other.

The county already is facing a lawsuit from a former constable seeking back salary.

Former Constable Terry Miller is suing the county for more than $70,000 in back salary and medical costs. The county is seeking to deny Miller's claim because county officials contend he never did any work as constable.

In the wake of Miller's lawsuit, commissioners are pursuing legislation to abolish the constable's job or consolidate the county's four constable precincts into one.